Before the

Federal Communications Commission

Washington, D.C. 20554

II. BACKGROUND.....................................................................................................................................4

III. DISCUSSION..........................................................................................................................................9

V. ORDERING CLAUSES......................................................................................................................159

I. INTRODUCTION

broadband services and devices to help low-income households stay connected during the COVID-19

pandemic.

income families and for families that have been struggling during the pandemic.

Appropriations Act) became law.

2

Among other actions intended to provide relief during the pandemic,

the Consolidated Appropriations Act establishes an Emergency Broadband Connectivity Fund of $3.2

billion in the Treasury of the United States for the fiscal year 2021,

3

to remain available until expended.

The Consolidated Appropriations Act directs the Federal Communications Commission (Commission) to

use that fund to establish an Emergency Broadband Benefit Program, under which eligible low-income

households may receive a discount off the cost of broadband service and certain connected devices during

5

existing regulatory tools in support of the EBB Program, such as the National Verifier and the National

Lifeline Accountability Database,

6

originally designed to support the existing Lifeline program, which

helps ensure low-income consumers have access to affordable voice or broadband Internet access service,

though the EBB Program is funded through a separate appropriation from the Universal Service Fund.

7

Consistent with Congress’ direction in the Consolidated Appropriations Act, we now establish the

Emergency Benefit Broadband Program.

1

3

4

which the determination by the Secretary of Health and Human Services pursuant to section 319 of the Public

Health Service Act (42 U.S.C. § 247d) that a public health emergency exists as a result of COVID-19, including any

renewal thereof, terminates.” Id. § 904(a)(8).

5

Commission from providing that the regulations in part 54 of title 47, Code of Federal Regulations, or any successor

this section shall be provided from amounts made available under this subsection and not from contributions under

section 254(d) of the Communications Act of 1934 (47 U.S.C. § 254(d)).” Id. § 904(i)(4).

II. BACKGROUND

Program (EBB Program or Program) will use available funding from the Emergency Broadband

Connectivity Fund to support participating providers’ provision of qualifying broadband service offerings

and connected devices to qualifying households. To participate in the Program, a broadband provider

must elect to participate and either be designated as an eligible telecommunications carrier (ETC) or be

approved by the Commission.

11

device, defined in the Consolidated Appropriations Act as a laptop, desktop computer, or tablet, for use

during the emergency period may receive a single reimbursement of up to $100.00 for the connected

device, if the charge to the eligible household for that device is more than $10.00 but less than $50.00.

12

A participating provider may receive reimbursement for only one supported device per eligible

household.

and the Commission is required to adopt audit requirements to ensure provider compliance and prevent

waste, fraud, and abuse.

Communications Act of 1934,

16

exempts the Commission from certain rulemaking requirements under the

Administrative Procedure Act and the Paperwork Reduction Act,

17

and grants the Commission authority

to use the services of the Lifeline program administrator, the Universal Service Administrative Company

(USAC), to implement the EBB Program.

18

8

9

15

Commission to adopt audit requirements to ensure that participating providers comply with the

Consolidated Appropriations Act and to prevent waste, fraud, and abuse.

Appropriations Act required the Commission to provide a 20-day public comment period not later than 5

services for the Lifeline program.”).

23

Indian Affairs general assistance, Tribally-administered Temporary Assistance for Needy Families, Head Start (only

government program participation, and compliance with the one per household limit.

The National

Verifier has launched in all 56 states and territories as of December 2020.

Representative Accountability Database (RAD), with which all ETC enrollment representatives must

also file for automatic approval or seek expedited approval from the Commission. In the Consolidated

Appropriations Act, Congress recognized the pressing need to quickly deliver much-needed support to

https://www.usac.org/lifeline/eligibility/national-verifier/eligibility-decision-process/ (last visited Feb. 17, 2021).

27

https://view.outreach.usac.org/?qs=06ef94802948a9a144a414c5df5142fd2a5dc44036c6bb4097c736f9e9575a3f1efd

e6571786bc81d214534733a1ba43ea9ab825942ff2bc1e5ffb4d78e5496576e68ac1b7c78ce6 (last visited Feb. 8,

2021).

28

Order and Order on Reconsideration, and Further Notice of Proposed Rulemaking, 34 FCC Rcd 10886, 10918, para.

78 (2019) (2019 Lifeline Order).

32

Order, to announce a timeline for the submission of information by providers required by the

Consolidated Appropriations Act, such as applications from non-ETCs to participate in the EBB Program,

milestones, such as when the EBB Program will begin and when providers may begin enrolling

subscribers in the program. We expect that the EBB Program and the enrollment process will begin in

less than 60 days after the adoption of this Order.

1. Providers Eligible to Participate

shall be a “broadband provider” that is either “designated as an eligible telecommunications carrier” or

seeks approval from the Commission for participation in the EBB Program.

34

We agree with commenters

that the Commission should establish a broad, technologically neutral approach to provider participation

in the EBB Program.

35

This interpretation of provider eligibility aligns with the plain language of the

Consolidated Appropriations Act, which defines “broadband provider” as any “provider of broadband

internet access service.”

36

Further, the Consolidated Appropriations Act defines “broadband internet

broadband providers like community-owned networks, electric cooperatives, or municipal governments.

34

35

Technology Fund (CETF) Comments at 4-5; City and County of San Francisco Comments at 1; City of Austin, TX

Comments at 2; City of Longmont, CO Comments at 3; Colorado Communications and Utility Alliance Comments

at 2-3; National Association of Housing and Redevelopment Officials Comments at 2; National Association of

Telecommunications Officers and Advisors Comments at 2-3; Nebraska Public Service Commission Comments at

39

ISPs); City of Longmont, CO Comments at 2; City of Seattle, Washington State Broadband Office, et al. Comments

at 7; City of Los Angeles, et al. Comments at 15-17; City of Oakland Comments at 1-2; National Association of

Telecommunications Officers and Advisors (NATOA) Reply at 5-6; Small Business & Entrepreneurship Council

would be eligible to receive reimbursement for “internet service offering[s]” offered in the “same manner,

and on the same terms, as described in any of such provider’s offerings for broadband internet access

service and reimbursable Internet service offerings on December 1, 2020 through reference to timely

filing of FCC Form 477.

41

For providers that do not file FCC Form 477, participating providers must

certify that they provided retail broadband Internet access service to end-users as of December 1, 2020.

Consolidated Appropriations Act’s eligibility requirements. As described further below, ETCs must

make a showing that they offer qualifying broadband service in the election notice filed with USAC.

Non-ETCs will make a threshold showing in the approval process to the Bureau.

2. Election to Participate in Emergency Broadband Benefit Program by

Existing ETCs and Bureau-Approved Providers

process where existing ETCs and other approved providers could “elect” to participate in the EBB

Program and gain access to the necessary USAC databases being used to administer the Program.

44

We

adopt the proposal to require all participating providers to file an election notice to participate in the EBB

Comments at 2.

40

41

(OEA 2021); See FCC, Form 477 Resources, https://www.fcc.gov/economics-analytics/industry-analysis-

division/form-477-resources (Jan. 22, 2021). The Commission will consult the subscription data provided on the

FCC Form 477 to determine compliance with this requirement. To fulfill this requirement, a provider should

reference the most recent FCC Form 477 data month submission showing service in the jurisdiction. See FCC, Who

Must File Form 477?, https://us-fcc.app.box.com/v/WhoMustFileForm477, para. 1 (Dec. 31, 2019) (“An entity that

42

43

Auction 904, AU Docket No. 20-34, WC Docket Nos. 19-126 and 10-90, Public Notice, 35 FCC Rcd 6077, 6129,

para. 139 & n.322 (2020).

44

45

determination, enrollment, and reimbursement.

to first apply and then obtain Bureau approval prior to filing their election with USAC. Accordingly, we

direct the Bureau to establish a priority application window during which non-ETC providers seeking

consistent with the need to quickly begin providing these supported broadband services. We direct the

providers.

have equal opportunity and access to the Emergency Broadband Benefit.

providers to obtain the necessary administrative approvals prior to the commencement of the program,

eligible households will have more choices in the provider they can select to obtain supported broadband

service and devices. Following the close of this priority application window, the Bureau, in coordination

with USAC, will establish and announce a uniform start date on which providers can begin to enroll

qualifying subscribers in the EBB Program.

48

applications of both existing ETCs and non-ETCs to enable a consistent start date for all providers.

(LCS). These updates require development, security assessments, and privacy assessments and approvals

required by the Privacy Act,

46

at 27; Comcast Comments at 11-13; Competitive Carrier Association (CCA) Comments at 5; Emergency Broadband

Benefit Carriers Comments at 3-4; Hughes Network Systems Comments at 3; NTCA Comments at 14-15; Thacker-

Grigsby Telephone Company, Inc. Comments at 1-2; T-Mobile Comments at 8.

47

Starry Reply at 8; Verizon Reply at 3.

48

that benefit until after the Program has started, the provider has received all necessary application and election

notice approvals.

49

Agreements (CMAs),

Congressional and government-wide directives designed to protect the privacy and security of members

of the public who submit their information to the government, including households who choose to

a. Obligations of Existing ETCs to Participate in the Emergency

Broadband Benefit Program

other jurisdictions where neither the provider nor its affiliate has an existing ETC designation, the

provider must seek either automatic or expedited approval from the Bureau prior to submitting the

participate must file an application describing: (1) the state(s) in which it plans to participate, (2) the

service areas in which the provider has the authority, if needed, to operate in each state but has not been

designated an eligible telecommunications carrier, and (3) documentation of the provider’s plan to combat

controlled by, or is under common ownership or control with, another person”).

specific application review deadlines for the expedited review process. Providers submitting applications

by the priority application deadline will receive a determination prior to the start of the EBB Program.

89

supported service to a mandatory waiting period based on a household having previously received service

from that provider.

customers are informed about the EBB Program at the point of application and enrollment. Providers will

nature, that the household will be subject to the provider’s undiscounted rates and general terms and

application requirements for those households.

administered National Verifier, NLAD, RAD, LCS, and other established processes for the EBB

Program, including the provider reimbursement process, call centers for program support, provider and

consumer outreach, and conducting program integrity reviews.

Accordingly, we adopt the applicable

part 54 rules that currently govern Lifeline provider interactions with these USAC systems. Specifically,

we apply the requirements of sections 54.400(i), (o) defining the NLAD and National Verifier; 54.404

93

Lifeline rules conflict with the directions in this Order or any later guidance issued by WCB, or by USAC at the

direction of WCB, the Order or subsequent guidance is controlling.

904(b)(2).

Section 904(b)(2) imposes a duty on participating providers to verify whether a household is

eligible to receive the service and connected devices supported by this Program. We establish that this

safe harbor will apply to providers who utilize the National Verifier for eligibility determinations or any

harbor applies to participating providers for eligibility determinations who act in good faith based on

information provided to them in the household eligibility and enrollment process. Good faith will be

determined on the totality of circumstances surrounding the participating providers actions or statements.

and complete; they understand and will comply with all statutory and regulatory obligations described

within this Order; and all terms and conditions and other requirements applicable to using the National

Verifier, NLAD, RAD, and other USAC systems. Providing materially false information in the

application will disqualify a provider from participation in the EBB Program. Eligibility to participate in

the program is based on an applicant’s submission of required information and certifications. A potential

filing an application that it is able to meet the obligations associated with EBB Program support. An

reimbursement. Each participating provider must file all required forms, information, and certifications

with the Commission and USAC to receive reimbursement.

96

Notice of Apparent Liability for Forfeiture, 35 FCC Rcd 10695, 10696-98, paras. 1-6 (2020) (discussing the

Commission’s good faith obligations in retransmission consent); 47 CFR § 27.1182 (requiring good faith

submission of cost sharing plan for AWS relocations); 47 CFR § 54.711 (requiring good faith estimates of

contributor’s policies and procedures).

97

confirmation. Confirmation of receipt does not constitute determination that the application is complete as filed.

certification to the Commission may result in penalties, including monetary forfeitures, license

forfeitures, and ineligibility to participate in future Commission auctions or competitions, as well as

criminal prosecution and/or liability under the False Claims Act.

1. Emergency Broadband Benefit Program Eligible Households

price lunch program under the Richard B. Russell National School Lunch Act

program under section 4 of the Child Nutrition Act of 1966

101

; (3) has experienced a substantial loss of

income since February 29, 2020 that is documented by layoff or furlough notice, application for

unemployment insurance benefits, or similar documentation or that is otherwise verifiable through the

National Verifier or the NLAD;

102

(4) has received a Federal Pell Grant under section 401 of the Higher

Education Act of 1965

in the current award year;

104

or (5) meets the eligibility criteria for a

participating provider’s existing low-income or COVID–19 program, subject to approval by the

programs that are not included in the Lifeline program, but we decline to expand eligibility beyond the eligibility

requirements provided in the Consolidated Appropriations Act. See, e.g., Internet for All Coalition – Internet for

Dallas Comments at 2; LeadingAge Comments at 1-2; National Affordable Housing Management Association

Comments (NAHMA) at 2; Stewards of Affordable Housing for the Future Comments at 2-3; American Association

of Service Coordinators Comments at 2 (AASC).

99

the household is at or below 135% of the Federal Poverty Guidelines for a household of that size, or if at least one

member of the household participates in Medicaid, Supplemental Nutrition Assistance Program (SNAP),

100

42 U.S.C. § 1751 et seq.

101

Consolidated Appropriations Act, div. N. tit. IX, § 904(a)(6)(B); see 42 U.S.C. § 1751 et seq. (Richard B. Russell

National School Lunch Act); 42 U.S.C. § 1773 (Child Nutrition Act of 1966).

102

Id. § 904(a)(6)(C).

103

See 20 U.S.C. § 1070a.

104

106

Id. § 904(a)(6).

household,”

it does not define “household” itself, and the Public Notice sought comment on “using the

definition of ‘household’ provided in our Lifeline rules for purposes of administering the Program.

The

The record contains broad consensus supporting the proposal to use Lifeline’s definition of household,

and we adopt this proposal.

111

definition, that multiple people should be able to receive the Program benefit at a single address, so long

113

household.

114

As a result, we will use the Lifeline program’s definition of household and we limit to each

economic unit a single monthly Emergency Broadband Benefit and single connected device

108

Consolidated Appropriations Act, div. N, tit. IX, § 904(a)(6).

109

Public Notice at 6.

110

47 CFR § 54.400(h).

at 8.

112

Cathy Murahashi Comments at 1; Cities of Los Angeles et al. Comments at 18 (people living in family shelters,

domestic violence shelters, or other temporary shelters should not be considered a single household); National Rural

Electric Cooperative Association Comments at 6 (separate units at a single address should be separate households);

LeadingAge Comments at 2 (there should not be a limit on beneficiaries at a multifamily housing address, even if

there are no separate units and apartments); Baltimore Regional Housing Partnership Comments at 2 (the

Commission should clarify that address includes separate units and apartments at multifamily housing properties);

National Affordable Housing Management Association Comments at 3 (same); TracFone Wireless, Inc. Comments

at 15 (Tracfone); Greater Washington DC Chapter of the Internet Society Comments at 4 (support having all

economic households eligible for the benefit).

113

member of the household); id. § 904(a)(7) (allowing the emergency broadband benefit of a monthly discount for “an

eligible household,” and not for separate members of a household).

make available for the EBB Program a Household Worksheet to confirm whether an applicant is part of

an independent economic household from other existing EBB subscribers.

eligibility determinations pursuant to an approved alternative verification process, we will require that

dwelling units at a single address, such as senior and student living, mobile home parks, apartment

buildings, and federal housing units, that receive service as part of a bulk billing arrangement where the

households “are not directly billed for services by their internet service provider, but instead pay a

monthly fee for broadband services to their landlord.”

Similarly, there may be “entities such as school

districts, health care providers, assisted living or nursing facilities, and local governments who purchase

service ‘in bulk’ for eligible households.”

We conclude on balance to make available the Emergency

Broadband Benefit available in these arrangements as long as the provider is approved in the Program and

eligible household must provide consent to the bulk purchaser/aggregator or participating provider to

apply their EBB Program benefit to that service, and the participating provider must retain documentation

of such consent.

118

bulk arrangement must retain documentation demonstrating that the amount claimed by the provider from

the EBB Program is fully passed through to the eligible household as a discount off of the monthly price

that the eligible household otherwise would have paid directly to the bulk purchaser. To ensure

compliance with these requirements, we require participating providers offering service through such bulk

billing arrangements to retain documentation demonstrating the identity of the entity or entities through

which the discount was passed and the eligible households who received the subsidized service. As an

paying $30 less to the participating provider, and the eligible household would be receiving free

broadband service and not paying anything to the bulk purchaser. In cases where the household does not

pay a fee for the service, either to the provider or a bulk purchaser/aggregator, but the fee is paid by

another entity, the service cannot be claimed for EBB Program support.

115

See Universal Service Administrative Co., Lifeline Program Household Worksheet, available at

https://www.usac.org/wp-content/uploads/lifeline/documents/forms/LI_Worksheet_UniversalForms-1.pdf.

116

Charter Comments at 5-6; National Association of Telecommunications Officers and Advisors Comments at 3-4.

117

number of benefits per address regardless of the number of households.

We conclude that we should

not impose any limitations inconsistent with the Lifeline definition of a “household.” We also sought

certify that no other person in the economic household is receiving a benefit.

Household Worksheet requires an applicant to confirm their understanding of the one-per-household rule

and that the person will lose their benefit if they break the rule, and we do not need any further

NLAD processes used for Lifeline.

124

should use the NLAD for a variety of functions for the EBB Program. The Consolidated Appropriations

Act, for example, contemplates the use of the NLAD by participating providers for purposes of

determining whether a household is an eligible household.

proposal to require all participating providers to track enrollments of eligible households in the EBB

126

127

approved alternative verification process or verify eligibility via a school as discussed below,

enroll their subscribers in the NLAD prior to claiming reimbursement for those subscribers, to prevent

125

Consolidated Appropriations Act, div. N, tit. IX, § 904(b)(3)(A).

128

See Consolidated Appropriations Act, div. N. tit. IX § 904(b)(2)(B)-(C).

129

Public Notice at 6.

EBB Program, then it will only have an EBB Program subscriber ID and be associated with an EBB

Program provider. If a household is enrolled in both the Lifeline program and the EBB program, then it

will have separate Lifeline and EBB Program subscriber IDs, and each of those subscriber IDs will be

three methods to verify eligibility for the EBB Program.

verification, use of the National Verifier and NLAD. The Consolidated Appropriations Act allows a

participating provider to use the National Verifier and NLAD to confirm applicants’ eligibility.

We

132

other application methods as well if feasible within the overall timeframe of the Program.

Program: (1) participation in free and reduced lunch program under the Richard B. Russell National

School Lunch Act or the school breakfast program under section 4 of the Child Nutrition Act;

substantial loss of income since February 29, 2020;

and (3) receipt of a Federal Pell Grant under section

136

Consolidated Appropriations Act, div. N, tit. IX, § 904(a)(6)(B).

401 of the Higher Education Act of 1965 in the current award year.

Act contemplates substantial loss of income and Federal Pell Grant participation would be verified by the

National Verifier where possible,

140

households to submit documentation so that USAC can manually process the eligibility information for

inclusion in the National Verifier. We delegate authority to the Bureau to direct USAC in these efforts

and to provide any additional interpretations of Section 904 necessary for implementing use of the

we delegate to the Bureau to direct USAC to establish documentation criteria for the three added

eligibility programs. While the Consolidated Appropriations Act identified a few types of documentation

to demonstrate income loss, such as “layoff or furlough notice, application for unemployment benefits, or

similar documentation,”

142

143

argued that other documentation for substantial loss of income should be construed broadly,

job, including due to a furlough, that began after February 29, 2020, however documented, as well as the

household’s annual income for 2020. In addition, many commenters suggested acceptable documentation

from a student’s Institution of Higher Education that the student has received a Pell Grant for the current

Grant award received for the current year; (3) a copy of a student’s paid invoice that clearly documents

the student’s receipt of a Pell Grant during the current award year; and (4) a copy of a student’s Student

USAC should consider these documents when establishing documentation criteria for receipt of a Pell

seeking a non-ETC approval from the Bureau, we direct such providers to submit requests for approval

describing their alternative verification process along with their application to participate in the EBB

Program, where possible. Although the provider application to participate may be granted automatically if

participating provider based on having an established low-income or COVID-19 program as of April 1,

2020 pursuant to Section 904(d)(2)(B) should also have the alternative verification processes for those

202

automatic approval for such providers but also deems as eligible for the EBB Program households with at

COVID–19 program. We find Congress’ heavy reliance on these existing aid programs instructive. We

are persuaded that such providers have strong incentives to ensure that only qualified customers take

advantage of a provider’s own low-income or COVID-19 program, as these programs are currently

providers in the alternative verification process should at least include the applicant’s: (1) full name, (2)

birth of the benefit qualifying person if different than applicant, (7) basis for inclusion in program (e.g.,

SNAP, SSI, Medicaid, school lunch, Pell Grant, income, provider’s existing program, etc.) and

and as required by the Consolidated Appropriations Act, the provider must explain why the provider’s

consumers to submit an application to obtain proof of identification and establish eligibility for its

202

See supra note 192.

206

Id. at 11.

an established low-income program seeks approval of an alternative verification process, it must explain

why it proposes to use an alternative verification process instead of the National Verifier eligibility

determinations. We decline to issue a model alternative verification process, and we further decline to

less than the six full calendar years following the termination of the EBB Program.

For example, if a

subscriber enrolls in the Program through participation in the school breakfast or lunch program or the

Pell Grant, retained documentation should include the name of the school and school year for which the

subscriber has claimed eligibility. This requirement is similar to the document retention requirement used

in the Lifeline program but is long enough to cover the statute of limitations under the False Claims Act

210

211

alternative verification process used when enrolling a household in the NLAD,

proposal. We also direct USAC to conduct periodic program integrity reviews to ensure that subscribers

enrolled through a provider’s alternative verification process are eligible for the emergency broadband

benefit.

4. School-Based Eligibility Verification

school to verify eligibility under the free and reduced price school lunch or school breakfast program.

The Public Notice proposed that a provider identify the school it relied on when enrolling a household in

qualify.

CDT Comments at 3-4; Council of the Great City Schools Comments at 2-3; NTCA Comments at 12-13.

219

Council of the Great City Schools Reply at 2.

income verification requests from service providers.

the burdens this method could impose on schools, especially during the pandemic when so many school

administrators and teachers are struggling with the challenges of safe, in-person education, supporting

indicating: (1) the school providing the information, (2) the program(s) that the school participates in, (3)

the household that qualifies (and qualifying student(s)),

participates in.

223

consumers and providers and delegate to the Bureau the authority to create such a form if it is needed for

the National Verifier’s processes.

225

for such discounts during the emergency period.

(Continued from previous page)

220

Id. at 3.

qualify/ (last visited Feb. 5, 2021).

223

Commenters agreed that schools need to obtain parental consent to disclose a student’s participation in a school

lunch or breakfast program. See, e.g., CDT Comments at 5-6; Public Knowledge Comments at 5 (arguing that

schools should proactively reach out to students to obtain parental consent); State Educational Technology Directors

Association, Consortium for School Networking, and Alliance for Excellent Education Comments at 3; Council of

the Great City Schools Comments at 2.

Nutrition Programs, 72 Fed. Reg. 10885 (Mar. 12, 2007) (requiring parental consent to disclose a student’s

participation in certain programs except in limited circumstances).

people who are deaf, hard of hearing, DeafBlind, or deaf with mobility issues”).

226

Consolidated Appropriations Act, div. N, tit. IX, § 904(b)(1).

section 8.1(b) of the Commission’s rules.

Internet service offering must have a “standard rate” in order to receive the emergency broadband

benefit,

Consolidated Appropriations Act’s reference to a “monthly retail rate”

products that are priced based primarily on the data allowance of the product (for example, a purchase 1

GB of data for $5.00) and are sold separate from a monthly recurring service plan). This requirement also

support from the EBB Program. At the same time, the Consolidated Appropriations Act does permit

plans where the end result is no fee being assessed on the household after the application of the monthly

benefit.

broadband benefit available on all of their service offerings.

required offerings in a temporary program will discourage participation and result in less consumer choice

than would otherwise be available if we provided participating providers with more flexibility. However,

offerings, including promotional offerings that were available as of December 1, 2020. Specifically,

pursuant to the Consolidated Appropriations Act, participating providers are required to make available to

eligible households a monthly discount off the standard rate for an Internet service offering and associated

equipment, up to $50.00 per month. For households residing on Tribal lands, the monthly discount may

eligible for reimbursement.

235

provided by such provider to a household, offered in the same manner, and on the same terms, as

described in any of such provider’s offerings for broadband internet access service to such household, as

228

See id. § 904(a)(1) (citing 47 CFR § 8.1(b)).

229

See id. § 904(a)(7).

230

See id. § 904(a)(13).

internet service offering of a participating provider that was available to that household as of December 1, 2020”);

Nat’l League of Cities Comments at 1 (urging the Commission to “require participating providers to offer their full

suite of broadband options throughout their entire service area”); Free Press and Access Now Reply at 13-14

(suggesting that the Commission should clarify that “approved providers must accept the benefit for all available

service tiers”); Common Cause Reply at 2-4; see also MMTC NUL Comments at 8 (low-income consumers should

be made aware that the benefit can be used to offset the cost of higher-prices broadband plans, and is not limited to

low-cost broadband plans).

234

Consolidated Appropriations Act, div. N, tit. IX, § 904(a)(7).

235

on December 1, 2020.”

Accordingly, providers who participate in the EBB Program are only eligible

to receive reimbursement for offerings that were available on and include the same terms as those

available as of December 1, 2020. The majority of commenters do not oppose the service offering date of

believe the December 1, 2020 restriction is best understood as a method of avoiding arbitrage

opportunities and waste in the Program by allowing unscrupulous providers to take advantage of the

increased subsidy available. By referring to offerings that were available prior to the enactment of the

broadband service during an unprecedented pandemic. We therefore permit provider offerings that were

available on and include the same terms as those available as of December 1, 2020 to include free

enhancements in quality with respect to such non-price elements.

services for the EBB Program. We find that qualifying Internet service offerings must include a

broadband connection (as defined in section 904(a)(9))—fixed or mobile—that permits households to rely

on these connections for the purposes essential to participating in society during the pandemic, such as

that broadband speeds should be sufficient for telework and distance learning, and discount-eligible

Internet service offerings should feature speeds comparable to those offered to market-rate customers.

We also recognize that Congress did not limit the discount to lower-cost broadband plans. Consumers

purchasing discounted services under the EBB Program qualify for the same protections as those

236

Consolidated Appropriations Act, div. N, tit. IX, § 904(a)(9).

237

Participating providers are required to file an election notice with USAC that would, amongst other things,

geographic market is eligible for reimbursement through EBBP.”).

238

See AT&T Comments at 8 (suggesting the Commission apply the EBB program benefits “to service plans that

have been enhanced since December 1, 2020 if the changes to the offering benefits the consumer”); CTIA Reply at 8

(explaining that “providers should be permitted to apply the EBB subsidy to plans that have been enhanced . . . as

long as the enhanced service plans cost less for the value received than the provider’s plan on December 1, 2020”);

Verizon Reply at 11 (“The reality, of course, is that in the competitive marketplace service offerings will continue to

truth-in-billing rules, providers’ bills for discounted offerings must include clear descriptions of the service

meet the Commission’s definition of broadband at 25/3 Mbps

or encourage the Commission to require

high-capacity, affordable broadband service.

their household—as well as permit participating providers to serve eligible households as quickly as

possible during the emergency period.

We further decline to apply the Lifeline program’s minimum

service standards to covered services for the EBB Program.

244

245

adopt today that clarify that participation in the EBB Program does not preclude the same household from

participating in the Lifeline program or other aid programs offered at the state and local level as long as

participants meet the requirements for such programs.

Even though the EBB Program is an emergency,

(Continued from previous page)

corresponding to each identified charge on the bill, so that consumers can confirm that the services for which they

are billed correspond to those that they have requested and received; and such bills may not include any charges that

consumers have not authorized. 47 CFR §§ 64.2401(b), (f).

241

EducationSuperHighway Comments at 11; Benton Institute Comments at 36; NRECA Comments at 4; Hughes

Network Systems Comments at 6; California PUC Comments at 6-7; Common Sense Comments at 5; INCOMPAS

at 14; see also AARP Reply at (“The FCC should ensure that the program does not result in an inferior “tier” of

service offered to low-income households.”).

speed of 10 Mbps while providing estimates on speed/usage needs of various applications and households).

243

CTIA Comments at 8-9 (explaining that consumers should be able to choose the service they want applied to the

EBBP); see also CETF Comments at 9 (expressing concerns that providers may offer slow speeds that will not meet

consumer needs).

244

On July 31, 2020, the Wireline Competition Bureau updated the minimum service standards for speed and data

capacity for Lifeline-supported services as required by the 2016 Lifeline Order. See 2016 Lifeline Order, 31 FCC

Rcd at 3989-3997, paras. 73-98; 47 CFR § 54.408. Here, we note as it relates to broadband speeds, as of December

1, 2020, the Lifeline minimum service standard for fixed broadband speed is 25 Mbps downstream and 3 Mbps

See Consolidated Appropriations Act, div. N, tit. IX, § 904(e) (explaining that the EBB Program “shall not affect

the collection, distribution, or administration of the Lifeline Assistance Program”). See also Illinois Office of

Broadband Comments at 6 (encouraging the Commission to clarify that households are permitted to combine EBBP

support for a connected device with aid from other state, local, or community programs to help defray cost); ACA

Connects Comments at 6 ("Commission should ensure that EBBP is able to leverage existing programs that provide

free or discounted broadband service to households impacted by COVID-19, including programs that are tailored to

K-12 schoolchildren lacking broadband at home."); Comcast Comments at 3 (explaining that providers should be

temporary program, it will operate concurrently with Universal Service Fund programs and other existing

programs at the state and local levels so eligible consumers can choose a broadband connection that meets

their connectivity needs.

services. In the EBB Program, we anticipate that existing ETCs will continue to offer quality and

that promote robust broadband access to vital services.

this conclusion from record support that views such offerings as enhancing flexibility between

participating providers and consumers.

Also, we draw from our experience with the Lifeline program

demands outside of any Commission regulation.

248

Program reimbursement for broadband bundled services that include voice and/or text messaging, there is

not similar support for permitting reimbursement for the full price of broadband bundled services that

include video service.

We find that permitting EBB Program reimbursement for the full price of a

NaLA Comments at 8; AT&T Comments at 7; California PUC Comments at 7; Michigan PSC Comments at 3;

NYSPSC Comments at 2; NRECA Comments at 5; NCTA Comments at 17; T-Mobile Comments at 3; TracFone

Comments at 12; CTIA Comments at 9; USTelecom Comments at 12; Verizon Comments at 9; Verizon Reply at 8-

9; USTelecom Reply at 9; CTIA Reply at 6; TracFone Reply at 3; Frontier Reply at 4; EBBC Reply at 5; AT&T

Reply 6-7; NaLA Reply at 10-15. See Letter from Michele K. Thomas, Indra Sehdev Chalk, T-Mobile, to Marlene

H. Dortch, Secretary, FCC, WC Docket No. 20-445, at 4 (filed Feb. 5, 2021) (T-Mobile Ex Parte) (urging the

Commission to “allow bundled data/voice/text offers without the need to engage in cumbersome cost-allocations”).

See also Public Knowledge Comments at 13-14 (supporting the inclusion of bundled plans while also urging that

EBB Program “funds go towards the broadband services they were intended for”); but see Starry Reply at 7-8

(“[T]he Commission should not accept EBB reimbursement requests for bulk service offerings and should only

service does not implicate the inclusion of “costlier non-broadband services such as video”).

250

See Consolidated Appropriations Act, div. N, tit. IX, § 904(a)(9).

the broadband component and its associated equipment.

broadband in those same bundles in the EBB Program, we permit providers to make available Internet

service offerings “in the same manner” as they were on December 1, 2020.

and on Tribal lands, the monthly discount may be up to $75 per month.

should include, for example, the monthly rental costs for modems and/or routers that are offered as part

and parcel of an Internet service offering.

253

The record overwhelmingly supports including modems,

routers, and hotspot devices and antennas, if offered as monthly rental costs or part and parcel of an

Internet service offering as eligible for the EBB monthly discount as of December 1, 2020.

with record support and recognizing that the Consolidated Appropriations Act does not specifically define

or identify any associated equipment as it relates to any particular broadband service, we find that

associated equipment includes equipment necessary for the transmission functions of Internet service

offerings supported through the EBB Program which households may choose to receive. Commenters

support our conclusion by encouraging the Commission to define the scope of eligible associated

equipment “in a technology-neutral manner” to accommodate household choice and the different types of

broadband networks.

requirements of the Consolidated Appropriations Act. However, we decline to include Wi-Fi extenders or

repeaters as associated equipment or any other customer premises equipment that enhances or extends a

broadband signal beyond a participating provider’s Internet service offering.

equipment that enhances or extends a broadband signal from its existing coverage area as outlined in the

participating provider’s Internet service offering would not be offered “in the same manner, and on the

same terms” as defined in the Consolidated Appropriations Act.

257

251

typically sold as add-on options to a broadband connection or sold separately through major

manufacturers and are therefore not offered as part and parcel of an Internet service offering.

Accordingly, Congress does not clearly allow us to include these devices, and if it had intended to do so,

offering and would have offered a modem for a monthly rental of $5 for a total monthly fee of $35, the

provider cannot front-load the monthly rental fee and charge $20 for four months of a modem rental in the

first month in order to maximize reimbursement up to the $50 monthly discount allowed.

tablet.”

264

‘tablets’ under the definition” while “mobile phones, including feature phones and smartphones from the

provide similar functionality as a basic tablet” should be considered a “connected device.”

proposes that devices that enable Video Relay Service or Internet Protocol Captioned Telephone Service

should be eligible for reimbursement.

Conversely, other commenters support the exclusion of mobile

269

capable of supporting video conferencing platforms and other software, commenters express caution that

tablets may require more specific service standards or a broad interpretation.

the record, and the narrow and specific language in the Consolidated Appropriations Act’s definition of a

up to $100 for one connected device per household, and the eligible household must contribute towards

the cost of the connected device at least $10 but no more than $50. The Public Notice sought comment

on whether eligible households should be able to receive more than one connected device through the

EBB Program, for example, if the household changes providers.

273

provides that a participating provider may receive reimbursement for no more than one connected device

households should receive more than one connected device, we find no legal basis to do so.

preserve limited funds, ensure that benefits reach the greatest number of eligible households, and avoid

(Continued from previous page)

CTIA Comments at 10.

more for that offering than the difference between the standard rate for that offering and the amount of the

EBB Program benefit for that household.

household for which it is seeking reimbursement will not be required to pay an early termination fee, was

than $50 for the connected device.

determined to be eligible to enroll in the EBB Program through the alternative verification process,

providers must provide a description of that verification process and certify that the process was designed

313

We find that certifications, along with the possibility of audits, are a vital tool for managing waste, fraud,

Program requirements, we find that additional certifications are necessary to ensure compliance with

System to ensure that providers are prompted to certify that their reimbursement claims meet the usage

Appropriations Act. We further direct USAC, in coordination with the Bureau, to develop an annual

through the Program.

313

NCLC and UCC Comments at 11 (requesting that the Commission include a certification that the provider has

EBB Program subscribers that are unable to resolve EBB Program-specific issues with their provider to file a

complaint with the FCC at https://consumercomplaints.fcc.gov/hc/en-us or call 1-888-225-5322.

314

T-Mobile Comments at 16-17.

315

See AT&T Comments at 10; Verizon Comments at 10; Verizon Reply at 11.

2. Reimbursement for Connected Devices

provided to a household satisfying the requirements set forth in this Order and as long as the household

has been charged more than $10 but less than $50 for the device.

To facilitate the efficient review and

EBB Program, providers are also required to confirm in NLAD that no reimbursement claim for a

to certify that the household receiving the device is an EBB Program beneficiary and that the household

has been charged the required co-pay for the device.

319

Order. To that end, to ensure the quick reimbursement of valid claims for connected devices, USAC will

not be required collect and review documentation before processing a reimbursement claim. Instead, we

requirements, that the reimbursement claim amount reflects the market value of the device, that the

household has been charged a compliant co-pay amount, and that the connected device has been delivered

to the household. Providers are instructed to retain any materials that document compliance with these

requirements, including the device type (e.g., laptop, tablet, mobile hotspot, modem, gateway, router,

antenna, receiver, or satellite dish) and device make and model. We find that requiring certifications

under penalty of perjury along with the possibility of an audit will help to encourage compliance with

EBB Program requirements and reduce the incidence of improper payments.

3. Timing of Reimbursement Claims

that we be able to project accurately when those funds will run out. To this end, USAC must have actual

reimbursement claims information from providers as soon as possible after each service month. USAC

will use this claims information for reporting the disbursement information to the public and for creating a

forecast for the projected final month of the program, both of which are discussed below. To ensure that

this claims information is submitted to USAC by providers in a timely manner so that it can be used to

administer the program efficiently, and so providers can receive timely reimbursement for the discount

have to demonstrate the retail price of a connected device because the rates will exceed the maximum

reimbursement amount of $100 and instead providers should certify that the retail cost of a connected device

exceeded the discounted amount); California Emergency Technology Fund Comments at 21-22; NaLA Comments at

they provide to households, we establish a limited time period during which providers can submit

reimbursement claims. The process for submitting a reimbursement claim will largely track the process

in the Lifeline program, where a snapshot report of a provider’s enrolled subscribers as of the first of the

must review and certify their reimbursement claims sooner, as established by USAC.

participation in the EBB Program.

time claims information by submitting their accurate reimbursement claims as soon as possible and within

relates to the smooth administration of the end of the EBB Program, we trust that providers will do their

part in ensuring that USAC has reimbursement claims information as soon as possible. We also believe

those submitted by the deadline set for each month – either the 15

of that month or the following

claims as soon as possible.

disbursed from the Fund. Additionally, to help support USAC’s efforts to project the end of the EBB

Office of the Managing Director and the Bureau, to conduct extensive training, including webinars, to

distribute instructions, and otherwise to provide support to broadband providers considering participation

in the program. We further direct USAC to ensure that interested providers are given access, subject to

904(i)(5) and pursuant to the terms of the MOU between the Commission and USAC that authorizes the

use of USAC for the administration of the EBB Program,

from the Emergency Broadband Connectivity Fund in the United States Treasury to providers who have

rule for the EBB Program and that doing so will serve the public interest. To implement the requirements

applications or other requests by an entity that is found to owe debts to the Commission until full payment

328

Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).

otherwise eligible broadband providers are not discouraged from participating in the EBB Program for

fear that a debt owed to the Commission would prevent them from receiving reimbursement. To be clear,

this waiver is limited only to participation of providers in the EBB Program and does not affect the

debt to Treasury, a provider is notified of the debt owed, including repayment instructions.

referred debt of an EBB Program participating provider remains outstanding at the time of a payment

from the EBB Program to that provider, the provider will be notified by Treasury that some or all of its

EBB Program payment has been offset to satisfy an outstanding federal or state debt. EBB Program

providers are required to pass the EBB Program discount to the customer for the service or connected

device claimed even if Treasury offsets the payment for such service or device against debt owed by the

debts and in doing so, consult the TOP Frequently Asked Questions for the Public, available at

https://fiscal.treasury.gov/top/faqs-for-the-public.html, for delinquent debt that has been referred to

Treasury, and for delinquent debt that the Commission has not yet referred to Treasury, consult

https://www.fcc.gov/general/red-light-frequently-asked-questions.

Persons or entities doing business with the Commission are required to obtain an FRN, a unique identifier

that is obtained through the Commission Registration System (CORES).

directed to obtain an FRN if they do not already have one and report it as directed by USAC or the

Commission.

https://www.fcc.gov/licensing-databases/commission-registration-system-fcc. For assistance, please contact the

CORES Help Desk e-support page at https://www.fcc.gov/available-support-services or call (877) 480-3201 (select

option 4).

332

Pub. L. No. 109-282, 120 Stat. 1186 (2006) and Pub. L. No. 113-101, 128 Stat. 114 (2014), codified at 31 U.S.C.

§ 6101 note. In August 2020, the Office of Management and Budget updated the rules governing compliance with

the Transparency Act as part of wider ranging revisions to title 2 of the Code of Federal Regulations. 85 FR 49506

SAM registration requirements were expanded “beyond grants and cooperative agreements to include other types of

financial assistance” to ensure compliance with FFATA. 85 Fed. Reg. 49506 at 49517.

may still elect to participate in the program, enroll eligible customers and receive program commitments.

Active SAM registration, however, is required for an eligible provider to receive a payment from the EBB

Program.

Furthermore, participating providers may be subject to reporting requirements. To the extent

335

Service.

not be paid, the Commission will withhold issuing commitments and payments. USAC may work with

the EBB Program provider to give it an opportunity to resolve its listing in the Do Not Pay system if the

provider can produce evidence that its listing in the Do Not Pay system should be removed. However, the

EBB Program provider will be responsible for working with the relevant agency to correct its information

before payment can be made by the Commission.

5. Tracking and Reporting of Available Funding

EBB Program, the amount of appropriated funds is finite and we must also prepare for a transition when

participating households will be subject to their provider’s “generally applicable terms and conditions.”

information is available in other government systems. To register with the system, go to

335

Payment Integrity Information Act (PIIA), Pub. L. No. 116-117, 134 Stat. 113 (2019). PIAA recodifies and

amends the prior improper payment statutes (i.e., The Improper Payments Information Act of 2002, Pub. L. 107-

300; The Improper Payments Elimination and Recovery Act of 2010, Pub. L. No. 114–204; The Improper Payments

Elimination and Recovery Improvement Act of 2012, Pub. L. No. 112-248; and The Fraud Reduction and Data

Analytics Act of 2015, Pub. L. No. 114-186.

337

For additional information, please see: https://fiscal.treasury.gov/dnp/privacy-program.html#data-correction-

process.

338

Id. § 904(i)(2).

342

See National League of Cities Comments at 2; WTA – Advocates for Rural Broadband Comments at 5-6; AT&T

Comments at 5 (noting that the funds could be exhausted after a few months).

relying to afford broadband service may disappear while the public health emergency is ongoing. To

prepare providers and households for the end of the program and the benefit, commenters stress the

importance of transparency regarding the financial state of the EBB Program and have urged the

EBB Program customers are qualifying.

Commenters argue that providers need this information

prepare their customers for the elimination of the benefit.

will be an essential tool for managing the EBB Program and for developing an informed forecast of the

end of the program. Given the anticipated limited duration of the EBB Program, we further agree with

dollar amount of the reimbursement claims approved to date, disaggregated by monthly amounts for

343

Benton Institute Comments at 43 (“Information should include the number of participating providers, the number

of consumers (both new and existing) the program is benefiting, how much of the Emergency Broadband

Connectivity Fund has been used, and when the Commission estimates the Emergency Broadband Connectivity

Fund will be completely drawn down.”); NaLA Comments at 21-22; MMTC NUL Comments at 11; State E-Rate

Comments at 9 (expenditures and participation rate should be posted weekly); Comcast Comments at 20; CTIA

Comments at 12; Emergency Broadband Benefit Carriers at 15-16; NCTA Comments; DigitalC Comments at 15;

Altice Comments at 10 (noting that information about remaining level of funds could inform Congress and prompt

them to grant addition monies to the Emergency Broadband Connectivity Fund); Public Knowledge Comments at

10-11; INCOMPAS Comments at 22.

345

National Digital Inclusion Alliance (NDIA) Comments at 3 (“The FCC and/or USAC should provide a public

online dashboard of EBB participation data, including total broadband accounts and devices subsidized by the

provider, state and county; EBB funds expended, and the balance remaining.); MMTC NUL Comments at 12

(asking that USAC report on the programs through which EBB Program consumers qualify; those that qualified

informed decisions about their participation in the EBB Program and communicate effectively to their customers.”);

Hughes Network Systems Comments at 9); ACA Connects Comments at 27 (“Transparency about the availability of

Internet access service and associated equipment, as well as connected devices, with historical data

remaining so that the public can monitor any trends in the disbursement rates between updates. We direct

USAC, subject to the oversight of the Bureau and the Office of Managing Director, to develop this tracker

Program activities by geographic region, finding that such information would not be essential for

informing providers and the public about the status of the program, which is our more immediate goal.

the Program and its wind-down. However, we agree that more information about the communities the

future broadband-related initiatives. Therefore, to be transparent about participation in the EBB Program,

we direct USAC to submit a report to the Commission that provides information about how households

qualified for the EBB Program, the claimed support amounts for connected devices and services, the

submitted as necessary to capture additional information about the EBB Program and participating

6. Program Sunsetting

Program so USAC and the Commission can effectively manage the disbursement of the remaining funds

and ample notice is provided to households, providers and other stakeholders. We are especially

based on enrollment activity, disbursement levels, and other relevant information. Commenters argue that

stakeholders will require advanced notice of the end of the program, in addition to the EBB Program

activity posted on a tracker, to prepare their customer service representatives, billing systems, and

customers for the elimination of the subsidy.

347

Broadband Connectivity Fund will be depleted, but as households enroll in the EBB Program and

providers begin to submit claims for reimbursement, we anticipate a clearer picture of the interest in the

347

NaLA Comments at 21-22; INCOMPAS Comments at 22; Altice Comments at 10; and ACA Connects

348

these funds, and thus the Program, will be available to customers—it will be a function of eligibility, take rate,

service offerings, and time that is impossible to predict.”).

349

See CCA Comments at 9-10 (stating that “the possibility of an abrupt end to the subsidy may even deter eligible

Managing Director, the Office of Economics and Analytics, and the Bureau, to forecast when the Fund

will be able to pay out reimbursement claims only for another 75 to 90 days. The forecast shall take into

exhaustion of the Fund and the month in which USAC expects to pay out final claims. Administering this

finite Fund presents administrative challenges, particularly given that we are unable to predict at this time

the demand in the EBB Program and the rate of at which households will enroll in the program in the

reimbursement claim for the service provided, or to transition those subscribers off their service.

adequate

provide notice to their customers.

down their participation in the EBB Program.

We find that 60 days’ notice of the termination of the

program strikes a balance between the need for USAC to have enough data to accurately forecast the end

of the program with the need to offer enough time for providers to notify their customers and work with

them on a post-program broadband solution. This is an emergency program and as such, requires all

stakeholders to work expeditiously in ensuring that we are serving low-income households and helping to

meet their broadband needs during the pandemic. Moreover, we find that 60 days’ notice is reasonable

given other existing Commission requirements for service providers to notify their subscribers in advance

of a possible change or disruption in their service, and we expect that providers will be able to adjust their

350

providers can notify their customers).

352

AT&T Comments at 6; Benton Institute Comments at 43; LeadingAge Comments at 4; Comcast Comments at

21; Emergency Broadband Benefit Carriers at 16; National Affordable Housing Management at 3; Stewards of

Affordable Housing for the Future Comments at 5; Verizon Comments at 13-14 (stating that it needs 90 days’ notice

of the end of the program so that it can prepare its systems in order to provide its customers 60 days’ notice of the

end of the benefit.). Verizon adds that if the Commission cannot provide 90 days’ notice of the end of the benefit, it

can only suggest but not require providers to give advance notice to its customers. Verizon Comments at 14.

353

CTIA Comments at 13.

services. Notice shall be provided to subscribers at least 30 days in advance of the change, unless the change results

from circumstances outside of the cable operator’s control (including failed retransmission consent or program

carriage negotiations during the last 30 days of a contract), in which case notice shall be provided as soon as

possible using any reasonable written means at the operator’s sole discretion, including Channel Slates.”).

remaining funds, reimbursements for both service and connected device claims will be paid out on a

reduced, pro-rata basis, but in no circumstances will the reimbursement be less than 50% of the provider’s

subscriber would be responsible for payment of the additional $10 for that service month. While we take

steps in this Order to ensure that USAC has the most up-to-date claims information available to support

its projection analysis and to avoid a scenario where the amount in the Fund will be insufficient to offer a

threshold, USAC shall immediately notify the Bureau, the Office of Economics and Analytics, and the

Office of Managing Director. If Commission staff agree with USAC’s analysis, the Bureau will direct

USAC to pause the reimbursement process for that final month. For example, in the event that the

remaining balance in the Fund could only pay 30% of each anticipated claim for support, the Fund will

not issue any disbursements in that month. In that situation where the remaining funds cannot guarantee

at least a 50% disbursement on claims in that final month, the Commission will determine how best to use

the remaining funds consistent with the Consolidated Appropriations Act.

and would require additional Commission direction on the use of the remaining funds, but by

subsidy to help households transition off the program. We also anticipate that USAC’s projections will

provide enough advance notice of this possibility to allow both households and providers to plan

accordingly.

so eligible households would receive the benefit for a determined time period.

mechanism would restrict household participation in the EBB Program in order to guarantee benefits to a

more limited number of households for the set period, and would also require USAC to deny enrollment

to otherwise eligible households. Given our obligation to maximize the effectiveness of the Program, we

of Los Angeles, California; Chicago, Illinois; Portland, Oregon; Boston, Massachusetts; Washington, DC, and the

Texas Coalition of Cities for Utility Issues Reply Comments at 15-16. (Local Governments Reply Comments).

providing basic needs to eligible populations, such as housing, food and transportation and healthcare,

schools eligible for free or reduced lunch, school breakfast, and E‐Rate, libraries, and Tribal

organizations.

381

The City of Seattle, Washington State Broadband Office, Seattle Public Schools District

and Seattle Housing Authority recommend that providers without retail locations where they serve

low‐income customers partner with a commercial, nonprofit, or other community organizations to offer

site‐based information about low‐cost offers for low‐income communities.

Additionally, some

commenters, recognizing that eligible households may not currently have access to broadband, encourage

providers to use a variety of media outlets that target minority and low-income populations—including

encouraged by other commenters to publicize the EBB program.

service providers on the EBB Program and to engage in consumer outreach to the largest possible number

of eligible consumer participants. We further direct CGB and the Office of Native Affairs and Policy

(ONAP) to coordinate to develop educational and informational communications and materials to

advertise the EBB Program, such as a webpage and digital toolkit, in a printable format and translated

into other languages, that can easily be accessed by service providers, organizations, and the public. The

record demonstrates support for Commission-developed marketing materials—including charts, posters,

flyers and messaging—that providers and other organizations can customize and share through email,

See, e.g., CCUA Comments at 7 (“CCUA asks the Commission and USAC to collaborate with local governments

to assist in this effort by providing information and materials that local governments and PEG channels can

distribute or rely on in creating their own programming and informational campaigns. The Commission should also

encourage private sector providers who are participating in the Program to work with local governments and PEG

channels in raising awareness of the Program.”); City of Austin, TX Comments at 4; Microsoft Comments at 8; City

and County of San Francisco Comments at 3; City of Seattle, Washington State Broadband Office, et al. Comments

at 14; Verizon Comments at 12-13; Native American YesWeCan Reply at 4-5.

382

City of Seattle, Washington State Broadband Office, et al. Comments at 14.

383

See CETF Comments at 15, 24; Hughes Network Systems Comments at 7; MMTC NUL Comments at 10;

National League of Cities Comments at 1-2; NCTA Comments at 20; NCLC & UCC Comments at 11-12; NRECA

Comments at 8; Public Knowledge Comments at 7; City of Seattle, Washington State Broadband Office, et al.

Comments at 15; Verizon Comments at 12; Vermont PUC et al. Comments at 8; Wisconsin Department of Public

Instruction Reply at 1-2.

386

CETF Comments at 25-26; The Community Education Center of Elk & Cameron Counties Comments at 1;

Common Sense Comments at 5; Greater DC ISOC Comments at 4-5; Hughes Network Systems Comments at 7;

HTTP Comments at 3; Maine Department of Economic and Community Development/Connect Maine Authority

Comments at 2; NATOA Comments at 6; NCTA Comments at 20; NCLC & UCC Comments at 11-12; Public

oversight of the Bureau and CGB, to provide training and information necessary to successfully

participate in the EBB Program to service providers—both ETCs and non-ETCs, Tribal communities and

consumers. We anticipate that USAC’s communications strategy will include a dedicated, regularly

updated webpage and other outreach methods including webinars, bulletins, email campaigns, and direct

outreach to providers, eligible consumers, Tribal communities, schools, libraries, and other organizations

387

the Commission and USAC to work closely with congressional offices, coordinate with other federal

agencies, state and local organization, Tribes, consumer-facing agencies, trade associations, schools,

libraries, and hospitals that could assist with educating low-income consumers about the program and the

provider options that are available as a result.

We strongly encourage CGB, WCB, and USAC to

incorporate these recommendations into their outreach efforts.

Program to eligible households. The Colorado Communications and Utility Alliance (CCUA)

emphasizes that “local governments have ability to promote the EBBP through bill inserts, electronic

notification to customers, company websites and social media.”

389

Association of Telecommunications Officers and Advisors, point to the recent success of local

governments and community organizations to provide a wide range of pandemic related information to

387

See CCUA Comments at 7; CETF Comments at 25; INCOMPAS Comments at 18-20; Microsoft Comments at 7;

Michigan PSC Comments at 9; MMTC NUL Comments at 10-11; National League of Cities Comments at 1-2;

NDIA Comments at 4; R Street comments at 6; City of Seattle, Washington State Broadband Office et al. Comments

Comments at 4-5; City and County of San Francisco Comments at 3.

389

390

CCUA Comments at 6; NATOA Comments at 4.

391

City of Longmont, CO Comments at 9; see also NATOA Comments at 5 (“[L]ocal governments already work

to provide information in the most accessible format, including various languages and over a variety of mediums

392

CETF Comments at 26-27; CCUA Comments at 6; City of Longmont, CO Comments at 9; City of Madison

Comments at 2; Illinois Office of Broadband Comments at 4-6; Ohio Poverty Law Center Comments at 1; NATOA

requirements to ensure that participating providers are in compliance with the program rules and to

prevent waste, fraud, and abuse in the EBB Program.

recovered; (6) whether any funding from the EBB Program was made available to a participating provider

of the enactment of the Consolidated Appropriations Act, the Commission’s Office of Inspector General

Program.

396

procedures used in the Lifeline program “to ensure compliance and to prevent waste, fraud, and abuse,”

participation by households and providers

400

security.

Commenters agree that participating providers should be required to collect and retain

documentation sufficient to support compliance with any certifications and that such record keeping

requirements should be clearly defined.

(Continued from previous page)

14; City and County of San Francisco Comments at 3; ALA Reply at 2-3; NATOA Reply at 2.

393

399

NaLA Comments at 20.

400

ACA Connects Comments at 25-26; EBBC Comments at 15; Hughes Network Systems Comments at 8; MMTC

NUL Comments at 14; ITIF Comments at 3; Mobile Comments at 18.

audit process of participating providers that complies with all requirements in sections 904(b)(7) and (8)

of the Consolidated Appropriations Act.

not limited to USAC, in carrying out this effort. Consistent with our experience regarding the Universal

establishes the EBB Program, or any regulation promulgated under that section “shall be treated as a

violation of the Communications Act of 1934 or a regulation promulgated under such Act.”

Commission is compelled to enforce this section and the associated regulations “in the same manner, by

The National Lifeline Association urges that “[a]ny proposed forfeitures under the [EBB Program] rules

409

discouraging providers from participating in the EBB Program, the Commission should not treat a

violation of its other rules as a basis for withholding EBB Program funding from participants.

Consistent with this statutory direction and the record, we will use the Commission’s existing, statutorily

permitted enforcement powers to initiate investigations and impose administrative forfeitures. In

program to EBB Program participating providers.

411

participants found to be in violation of the EBB Program rules, if appropriate, and will also seek to recoup

improperly disbursed funds, in addition to appropriate enforcement penalties.

enforcement mechanisms sufficiently balance the need for widespread participation in the EBB Program

403

Consolidated Appropriations Act, div. N, tit. IX, §§ 904(b)(7)-(8).

404

See Secure and Trusted Communications Networks Act of 2019, Pub. L. No. 116-124, 133 Stat. 158, § 4(e)(3)(A)

(2020) (codified as amended at 47 U.S.C. §§ 1601–1609) (Secure Networks Act); Protecting Against National

Security Threats to the Communications Supply Chain Through FCC Programs, WC Docket No. 18-89, Report and

411

47 CFR § 54.8.

with the importance of maintaining the program’s integrity.

part 54 of title 47, Code of Federal Regulations—pertaining to definitions, de-enrollment, program

integrity, and the use of USAC—to the EBB Program.

section 54.400 to the EBB Program, subject to the further interpretations expounded upon in this Order:

(f) income; (g) duplicative support; (h) household; (i) National Lifeline Accountability Database of

Database; (j) Qualifying assistance program; (k) Direct service; (l) Broadband Internet access service; (o)

National Lifeline Eligibility Verifier; and (p) Enrollment representatives.

414

definitions across the two programs will facilitate a quick launch and efficient administration for the

Commission, USAC, and participating providers. What is more, we limit application of the Lifeline rules

to those specifically enumerated in this Order to balance the need of ensuring that the EBB Program has

interactions with the NLAD, and portions of section 54.405 of the Commission’s rules to the EBB

Program concerning carrier obligations and de-enrollment. Specifically, we apply rule 54.405(e)(1), (2),

and (5), for de-enrollments generally, de-enrollments for duplicative support, and de-enrollments

requested by the subscriber, respectively.

415

subscriber, we direct USAC to accept and process de-enrollment requests directly from EBB Program

method for de-enrollment by subscribers will assist in administering funds efficiently and provide further

may not have already designed processes to comport with the specific Lifeline usage requirements.

Accordingly, we require that providers submit a certification in their reimbursement claim that every

rules, at least once during the service month being claimed.

418

the EBB Program the notice and de-enrollment process required in the Lifeline program rules, but

413

See Consolidated Appropriations Act, div. N, tit. IX, § 904(f).

414

47 CFR §§ 54.400(f), (g), (h), (i), (j), (k), (l), (o), and (p).

415

commitments. See, e.g., State E-rate Coordinators Alliance Comments at 3; Colorado Communications and Utility

Alliance Comments at 6; Greater Washington DC Chapter of the Internet Society Comments at 4-5. By permitting

participating in this temporary program.

participating providers that fail to resolve non-usage by households enrolled in the EBB Program will be

unable to claim the program benefit for those households. This modification ensures that the limited

funds provided by the Consolidated Appropriations Act will reach those whose needs are greatest by

supported service, nor may it activate service that it represents to be Emergency Broadband Benefit-

supported service, unless and until it has: (1) Confirmed that the household is an eligible household

pursuant to section III(B) of this Order, and; (2) Completed the eligibility determination and certification

required by section III(B), and any other necessary enrollment steps expounded upon in this Order. We

find that these preventative measures provide a front-end guard against the improper use of the limited

validity of e-signatures.

We note that these rule sections, as applied to the EBB Program, are the

subject of more detailed discussions in this Order.

We also require participating providers that use

enrollment representatives to comply with the Representative Accountability Database registration

requirement established in sections 54.400(p) and 54.406(a) of the Commission’s Lifeline program

rules.

Requiring registration for employees, agents, contractors, or subcontractors of participating

will bolster the security of the system and help monitor for suspected non-compliance in program activity.

diminishing consumer choice in the Program.

including the use of the National Verifier, NLAD, RAD, snapshot dates and process, and de-enrollment

states do not have the option of opting out of the EBB Program duplicate check.

the quick and efficient implementation of the EBB Program while protecting against waste, fraud, and

abuse.

to avail ourselves of USAC’s services to implement the EBB Program, including administering approvals

the administrator of the EBB Program.

Program as well, preventing USAC from making policy, interpreting unclear statutes or rules relied upon

to implement the EBB Program, or interpreting the intent of Congress.

the authority to conduct program audits of contributors and providers, as provided in section 54.707.

This grant, however, is subject to our further direction as set forth in section III(G) of this Order.

431

47 CFR § 0.11(a)(3)-(4) (stating that OMD will “[a]ssist the Chairman in carrying out the administrative and

executive responsibilities” and “[a]dvise the Chairman and Commission on management, administrative, and related

with the rules adopted in this order. OMD performs this role with respect to USAC’s administration of

the Commission’s Universal Service programs,

anticipate that OMD will leverage existing policies and procedures, to the extent practicable and

basis, all applicable laws and Federal government guidance on privacy and information security standards

and requirements, such as the Privacy Act,

relevant provisions in the Federal Information Security

Modernization Act of 2014,

Management and Budget guidance.

USAC may encounter unforeseen issues or problems with the administration that will need to be resolved.

To achieve widespread participation by eligible households in the EBB Program, we delegate this

matters; review and evaluate the programs and procedures of the Commission; initiate action or make

2021).

Antideficiency Act, the funds appropriated for the EBB Program are definite in amount and are subject to the

Antideficiency Act, which is codified as amended at 31 U.S.C. §§ 1341, 1342, 1351, and 1517. In addition, the

CARES Act oversight provisions have been incorporated by reference in the Consolidated Appropriations Act and

would apply to this program. Consolidated Appropriations Act, 2021, H.R. 133, div. O, tit. VIII—Pandemic

not apply to the rulemaking proceeding implementing the EBB Program.

Regulatory Flexibility Analysis is required for this Report and Order.

the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), concurs,

publication in the Federal Register, 5 U.S.C. § 553(d), demonstrates Congressional intent that the rules

Appropriations Act, the collection of information sponsored or conducted under the regulations

promulgated in this Report and Order is deemed not to constitute a collection of information for the

purposes of the Paperwork Reduction Act, 44 U.S.C. §§ 3501-3521.

438

See Consolidated Appropriations Act, div. N, tit. IX, § 904(h)(1).

APPENDIX A

Final Rules

54.1609 De-enrollment from the Emergency Broadband Benefit Program

54.1610 Expiration of Emergency Broadband Benefit Program

54.1611 Recordkeeping requirements

54.1612 Validity of electronic signatures

§ 54.1600 Definitions.

(a) Broadband Internet access service. The term ‘‘broadband Internet access service’’ has the meaning

given such term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.

(b) Broadband provider. The term ‘‘broadband provider’’ means a provider of broadband Internet access

service.

(c) Commission. The term ‘‘Commission’’ means the Federal Communications Commission.

(B) not later than 7 days after receiving the information required under clause (a)(2)(A),

household in the free and reduced price lunch program or the school breakfast program as described in 47

CFR § 54.1600(h)(2). The participating provider must retain documentation demonstrating the school

verifying eligibility, the program(s) that the school participates in, the qualifying household, and the

program(s) the household participates in.

provider may not provide a consumer with service that it represents to be Emergency Broadband Benefit-

(c) One-Per-Household Worksheet. If the prospective household shares an address with one or more

existing Emergency Broadband Benefit Program subscribers according to the National Lifeline

Accountability Database or National Verifier, the prospective subscriber must complete a form certifying

compliance with the one-per-household rule prior to initial enrollment.

determine whether a prospective subscriber is currently receiving an Emergency Broadband Benefit-

supported service from another participating provider; and whether anyone else living at the prospective

with respect to its subscribers already in the National Lifeline Accountability Database is correct and

Program discount was initiated; the date on which the Emergency Broadband Benefit Program discount

was terminated, if it has been terminated; the amount of support being sought for that subscriber; and the

means through which the subscriber qualified for the Emergency Broadband Benefit Program.

subscriber’s information in the National Lifeline Accountability Database within ten business days of

receiving any change to that information, except as described in paragraph (e)(7) of this section.

to the subscriber, using clear, easily understood language, the specific information being transmitted, that

audits or investigations or to the extent required by National Lifeline Accountability Database or National

Verifier processes, which require, inter alia, verification of eligibility, identity, address, and age.

National Verifier cannot verify the subscriber’s status as alive, unless the subscriber produces

the National Lifeline Accountability Database or Lifeline Claims System first, as determined by the

Administrator, will be entitled to a connected device reimbursement for that subscriber.

information required under paragraph (e)(1) of this section. Prior to obtaining consent, the participating

provider must describe to the subscriber, using clear, easily understood language, the specific information

being transmitted, that the information is being transmitted to the Administrator to ensure the proper

administration of the Emergency Broadband Benefit Program connected device benefit, and that failure to

provide consent will result in the subscriber being denied the Emergency Broadband Benefit Program

connected device benefit.

§ 54.1607 Enrollment representative registration.

§ 54.1608 Reimbursement for providing Emergency Broadband Benefit Program discount.

(ii) more for such offering than the difference between the standard rate for such offering

conditions as applied to other customers.

supplying such household with a connected device was charged by the provider more than $10.00 but less

(8) that the connected device claimed meets the Commission’s requirements, that the reimbursement

claim amount reflects the market value of the device, and that the connected device has been delivered to

delivery of the supported services and/or connected devices provided through the Emergency Broadband

(f) In order to receive Emergency Broadband Benefit Program reimbursement, a participating provider

through Lifeline Claims System by the 15

15

is a holiday or falls on a weekend. If the participating provider fails to submit a certified

reimbursement claim by the deadline for that month, the reimbursement claim will not be processed.

(a) De-enrollment generally. If a participating provider has a reasonable basis to believe that an

Emergency Broadband Benefit Program subscriber does not meet or no longer meets the criteria to be

considered an eligible household under 47 CFR § 54.1605, the participating provider must notify the

subscriber of impending termination of his or her Emergency Broadband Benefit discount. Notification of

provided, and must be written in clear, easily understood language. The participating provider must allow

Emergency Broadband Benefit discount from another participating provider, or that more than one

member of a subscriber’s household is receiving the Emergency Broadband Benefit discount and that the

claim any de-enrolled subscriber for Emergency Broadband Benefit reimbursement following the date of

(c) De-enrollment requested by subscriber. If a participating provider receives a request from a subscriber

to de-enroll, it must de-enroll the subscriber within two business days after the request.

(b) Concurrent with release of the notice by the Administrator pursuant to paragraph (a) of this section, no

Emergency Broadband Benefit Program. This $3.2 billion program was designed to offset the cost of

high-speed internet service for those struggling to get the connectivity they need during the ongoing

pandemic.

cruel virus has upended so much in our economy and so much in our day-to-day life. Work, education,

healthcare, and more have all migrated online. As a result, it’s more apparent than ever before that

broadband is no longer nice-to-have, it’s need-to-have, for everyone, everywhere.

input on an especially fast schedule. We have incorporated their ideas when the law permitted, and

recognize they had some ideas that may yet inform other programs and legislative initiatives down the

want to thank Commissioner Simington for his recognition of the importance of this program and his

commitment to get this decision across the finish line. Likewise, I am grateful that the expert staff of the

agency was able to pull together the rules for this program under such tight statutory deadlines. I am

school, to work, to accessing health care. At the same moment, job losses mounted as waves of financial

stress hit families across the country as so much of our nation’s economic activity slowed down or ground

to donate computers and tablets so kids could learn from home, waived Lifeline rules so that under-

programs to connect low-income families with high-speed services. These actions made a very real

capital it takes to build, maintain, and extend those vital connections.